State v. . Shelly
Supreme Court of North Carolina
The defendants, Mike Shelly, Delia Bryson and John Daneheart, were indicted and tried at the September Term, A. D. 1887, of the Criminal Court of New Hanover County,, upon a charge of an assault and battery upon one Gustave Friberg. Before the jury were empanelled the defendants all entered a plea of “former conviction/’ and also excepted to'the jurisdiction of the Court, alleging that no deadly weapon was used and that there was no serious damage done.
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The defendants, Mike Shelly, Delia Bryson and John Daneheart, were indicted and tried at the September Term, A. D. 1887, of the Criminal Court of New Hanover County,, upon a charge of an assault and battery upon one Gustave Friberg. Before the jury were empanelled the defendants all entered a plea of “former conviction/’ and also excepted to'the jurisdiction of the Court, alleging that no deadly weapon was used and that there was no serious damage done. Under the plea of “former conviction” the proof was, and it was not disputed, that soon after the assault occurred all three of the…
1DissentSmith, C. J.
(S. v. Huntley, 91 N.C. 617, and S. v. Earnest, post, 740.) We cannot hesitate to concur with the court below in deciding that serious damage was done to the prosecuting witness by the ferocious and unprovoked beating inflicted upon him by the defendant, as charged in the indictment and proved on the trial. The injury was not simply painful and humiliating — it disfigured the face, seriously bruised the eyes — closed one of them entirely for days, and probably permanently impaired the sight. It seems to us that there can be no question that serious damage was done. The justice of the peace,…
2Cases cited2 opinions
- State v. . HuntleySupreme Court of North Carolina · 1884
- State v. . BishopSupreme Court of North Carolina · 1875
3Cited by16 opinions
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. BooneSupreme Court of North Carolina · 1982
- State v. . HefnerSupreme Court of North Carolina · 1930
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. RobertsSupreme Court of North Carolina · 1977
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